What is a qualified service organization under Part 2?
A qualified service organization (QSO) means a person or organization that: 1) provides services to a [Part 2] program, such as data processing, bill collecting, dosage. preparation, laboratory analyses, or legal, medical, accounting or other professional.
What is a qualified service organization under Hipaa?
Qualified Service Organization means a person that provides services to a treatment facility such as data processing, bill collecting, dosage preparation, laboratory analysis, or legal, medical, accounting, or other professional services, and which agrees that in dealing with patient records, that person is bound by ...
What is a program under 42 CFR part 2?
To be a “program” that falls under 42 CFR Part 2, an individual or entity must be federally assisted and hold itself out as providing, and provide, alcohol or drug abuse diagnosis, treatment or referral for treatment (42 CFR § 2.11).
What is a Part 2 SUD program?
Part 2 is intended to ensure that a patient receiving treatment for a SUD in a Part 2 Program does not face adverse consequences in relation to issues such as criminal proceedings and domestic proceedings such as those related to child custody, divorce or employment.
What are Part 2 Records?
Part 2 was introduced to encourage people suffering from drug and alcohol addiction issues to seek treatment without fear of retribution; therefore, these records are to be held in the highest confidence allowing the patient to act as the gatekeeper in the movement of these records.
Which of the following would be considered client identifying information under CFR 42 Part 2?
42 CFR Part II protects client identifying information... that would identify a client as an alcohol or drug client, either directly or indirectly and any information, whether oral or written, that would directly or indirectly reveal a person's status as a current or former client.
What are the requirements of Title 42 CFR part 2?
Part 2 generally requires a patient's written consent before making a disclosure of protected records. Patient consent must always be written and include specific information about the recipient of the records and the records to be shared.
What are the penalties for violating 42 CFR part 2?
New Penalties for Violations of Part 2 Under the CARES Act, Congress gave HHS the authority to issue civil money penalties for violations of Part 2 in accordance with the civil money penalty provisions established for HIPAA violations, ranging from $100 to $50,000 per violation depending on the level of culpability.
What does CFR stand for?
The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation.
What is 42 CFR Part 2 and what does it have to do with counseling therapy ethics?
The 42 CFR Part 2 regulations (Part 2) serve to protect patient records created by federally assisted programs for the treatment of substance use disorders (SUD).
When was the an authorized Part 2 published?
On July 15, 2020, a final rule revising the federal regulations governing the Confidentiality of Substance Use Disorder Patient Records (also known as 42 C.F.R. Part 2 or Part 2) was published. The revised rule will implement many of the changes to the federal regulations proposed last year.
Which of the following summarizes the intent of 42 CFR part 2?
Which of the following summarizes the intent of 42 CFR Part 2? -To provide additional measures of security to HIPAA's Security Rule.
What is a patient in a drug program?
Patient includes any individual who, after arrest on a criminal charge, is identified as an individual with a substance use disorder in order to determine that individual's eligibility to participate in a part 2 program. This definition includes both current and former patients.
What is a part 2 program director?
Part 2 program director means: (1) In the case of a part 2 program that is an individual, that individual. (2) In the case of a part 2 program that is an entity, the individual designated as director or managing director, or individual otherwise vested with authority to act as chief executive officer of the part 2 program .
What is maintenance treatment?
Maintenance treatment means long-term pharmacotherapy for individuals with substance use disorders that reduces the pathological pursuit of reward and/or relief and supports remission of substance use disorder -related symptoms. Member program means a withdrawal management or maintenance treatment program which reports patient identifying ...
What is a third party payer?
Third-party payer means an individual or entity who pays and/or agrees to pay for diagnosis or treatment furnished to a patient on the basis of a contractual relationship with the patient or a member of the patient 's family or on the basis of the patient 's eligibility for federal, state, or local governmental benefits.
What is treatment in medical terms?
Treatment means the care of a patient suffering from a substance use disorder, a condition which is identified as having been caused by the substance use disorder, or both, in order to reduce or eliminate the adverse effects upon the patient .
What does "treatment provider relationship" mean?
Treating provider relationship means that, regardless of whether there has been an actual in-person encounter: (1) A patient is, agrees to, or is legally required to be diagnosed, evaluated, and/or treated, or agrees to accept consultation, for any condition by an individual or entity, and;
What is a member program?
Member program means a withdrawal management or maintenance treatment program which reports patient identifying information to a central registry and which is in the same state as that central registry or is in a state that participates in data sharing with the central registry of the program in question. Minor, as used in the regulations in this ...
What is a Part 2 QSOA?
A QSOA is a two-way agreement between a Part 2 program and the entity providing the service, in this case the provider of on-call coverage.
What is a Part 2 patient?
Part 2 permits the disclosure of information under certain circumstances without consent during a medical emergency or in other limited situations. If a Part 2 program (or a healthcare provider that has received Part 2 patient information) believes that there is an immediate threat to the health or safety of any individual, there are steps described below that the Part 2 program or healthcare provider can take in such a situation:
What is Part 2 consent form?
However, Part 2 also requires a consent form to specify the kind and amount of information that can be disclosed to each of the recipients named in the consent.
What is a brief intervention?
Screening, Brief Intervention and Referral to Treatment (SBIRT) is a cluster of activities designed to identify people who engage in risky substance use or who might meet the criteria for a formal substance use disorder. Clinical findings indicate that the overwhelming majority of individuals screened in a general medical setting do not have a substance use disorder and do not need substance use disorder treatment.
What information is required for a Part 2 notification?
To promote compliance, SAMHSA recommends that the notification include all the information that the Part 2 program is required to document in the patient’s records (e.g., date and time of disclosure, the nature of the emergency, etc.).
Can a patient revoke a multiparty consent?
Yes. Under 42 CFR Part 2 (hereafter referred to as “Part 2”), a patient can revoke consent to one or more parties named in a multi-party consent form while leaving the rest of the consent in effect. In a non-Health Information Exchange (HIE) environment, this can be accomplished simply by the Part 2 program indicating on the consent form or in the patient’s record that consent has been revoked with respect to one or more named parties. In an HIE environment, the revocation with respect to one or more parties should be clearly communicated to the Health Information Organization (HIO) as well as noted in the patient’s record by the Part 2 program.
Can a QSOA be used to redisclose lab results?
The QSOA authorizes communication only between the Part 2 program and QSO. The QSO, in this case the lab, would not be allowed to redisclose lab results about the Part 2 program’s patient to another QSO such as an HIO, even if the HIO has also signed a QSOA with the Part 2 program.
